Section 34 — (Repealed) — Liquor Act 2007 (New South Wales) — Barrister AI

Latest Cases Case Lookup LegislationBeta Notebook Research Briefs

Section 34 — (Repealed) — Liquor Act 2007 (New South Wales) — Barrister AI

All legislation

NSWAct

In force

Official source Save

This is the latest official compilation.Check the official source →

Ask a question about this ActPro

s 1Name of Act s 2Commencement s 3Objects of Act s 3A(Repealed)s 4Definitions s 4AMeaning of “Kings Cross precinct”s 5Meaning of “intoxicated”s 6Exemptions from Act s 7Licence required to sell liquor s 8Keeping or using unlicensed premises s 9Sale or supply of liquor contrary to licence s 10Types of licences and authorisation conferred by licence s 11Licence conditions—general provisions s 11ASpecial licence condition—6-hour closure period for licensed premises s 12Standard trading period for certain licensed premises s 12A, 12B(Repealed)s 13Special events extended trading period for certain venues s 14Authorisation conferred by hotel licence s 15Hotel licence—general provisions s 15ACessation of liquor sales during trading hours s 16Hotel licence may be designated as a general bar licence s 17Hotel licence—miscellaneous conditions s 18Authorisation conferred by club licence s 18AFunctions on other premises s 19Club licence—general provisions s 20Club licence—miscellaneous conditions s 20AAuthorisation conferred by small bar licence s 20BTrading hours for small bars s 20CSmall bar licence—miscellaneous conditions s 21Certain kinds of premises not to be licensed s 22Primary purpose test s 23On-premises licence must specify business/activity or kind of licensed premises s 24On-premises licence—sale or supply of liquor must be with or ancillary to other product or service s 25Authorisation conferred by on-premises licence (generally)s 25AAuthorisation for restaurants and small bars to sell liquor for consumption away from licensed premises s 26Authorisation to sell liquor for consumption away from licensed premises in special circumstances s 27Requirement to provide food on licensed premises s 28Certain licensed premises must be open to general public s 29Authorisation conferred by packaged liquor licence s 30Liquor sales area required if bottle shop is part of another business activity s 31Restrictions on granting packaged liquor licences s 32Wholesale suppliers of liquor s 33Producers—authorisation conferred by licence s 34(Repealed)s 35Producers—miscellaneous provisions s 36Authorisation conferred by limited licence s 37Limited licence—general provisions s 38Limited licence—miscellaneous conditions s 39Limited licence for special event s 40Licence applications s 41Statement as to interested parties s 42Investigations, inquiries and referrals in relation to licence applications s 43Authority or Secretary may require further information s 44Submissions to Authority in relation to licence applications s 45Decision of Authority in relation to licence applications s 46Duration of licences s 46AVoluntary suspension of licence s 47Granting of licence s 47AAuthority may impose special licence conditions s 47BAuthority may impose, vary or revoke licence conditions s 47CBasis for Secretary exercising functions s 47DApplications s 47EImposition of licence conditions s 47FVariation or revocation of licence conditions s 47GVariation or revocation of condition prohibiting glass containers s 47HPowers may also be exercised for authorisations s 47ILimitation on Secretary’s powers under subdivision s 47JNatural justice for licensee s 47KConditions may be temporary s 47LCertain conditions about music and sound repealed s 48(Renumbered as section 72I)s 49Extended trading authorisation—general provisions s 49AExtended trading authorisation—small bars s 49BSpecial provisions relating to multi-occasion ETAs s 50Drink on-premises authorisation s 51General provisions relating to licence-related authorisations s 52, 53(Renumbered as sections 47A, 47B)s 54(Repealed)s 54A-5854A–58 s 58APeriodic licence fee s 58BSuspension and cancellation for late payment of periodic licence fee s 58CApplication for reinstatement of cancelled licence s 59Removal of licence to other premises s 59AShort distance removal of unrestricted club licence or hotel licence s 60Transfer of licence s 60AAlternative process for transfer of licence s 61Application for transfer of licence on dispossession of licensee s 62Carrying on licensee’s business after death etc of licensee s 63Grant of application for endorsement of licence following death etc of licensee s 64Transfer of licence after death etc of licensee s 65Application of Division s 66Appointment of managers s 67Restrictions on who may be appointed as manager s 68Approval of persons to manage licensed premises s 69Notice of appointments s 70Liability of licensee for contravention by manager s 71Liability of directors etc for offences by corporation—accessory to the commission of the offences s 71AEvidence as to state of mind of corporation s 72Corporate licences—interpretative provisions s 72ADefinitions s 72BPreparation of cumulative impact assessment s 72CContents of cumulative impact assessment s 72DConsultation with relevant stakeholders s 72EPublication of cumulative impact assessment s 72FReview of cumulative impact assessment s 72GVariation of cumulative impact assessments s 72HRevocation of cumulative impact assessments s 72IRisks and potential effects s 72JDirections relating to “sale on other premises” authorisations s 72KRequirement to provide information in relation to persons interested in licensee’s business s 72LIncident registers s 72MAuthority may establish administrative policies and procedures in relation to licensing matters s 72NCourses of training and instruction for applicants and licensees s 73Prevention of excessive consumption of alcohol on licensed premises s 74Sale of stolen goods and possession, use or sale of drugs on licensed premises s 75Secretary, police officers and marine authorities may issue improvement notices to licensees and staff of licensed premises s 76Self-exclusion of patrons from licensed premises s 77Non-voluntary exclusion of persons from licensed premises s 78Banning orders s 79Definitions s 79A(Repealed)s 79BMaking disturbance complaints s 80Dealing with complaints s 80AGrounds on which Secretary may uphold disturbance complaint s 81Decision by Secretary in relation to complaint s 82Short-term closure of licensed premises s 83Urgent application for short-term closure order s 84Order by Authority for long-term closure of licensed premises s 85Further long-term closure orders s 86Breach of the peace s 87Secretary may make late hour entry declaration s 88Effect of late hour entry declaration s 89Provisions relating to making of late hour entry declaration s 90Secretary may vary or revoke late hour entry declaration s 90ADefinitions s 90BAuthority may set and change boundaries s 90CConsultation requirements for change of boundaries s 90DMeaning of “exempt application”s 91Responsibilities and liabilities in relation to licensed premises s 92Control of business conducted on licensed premises s 93Cessation of trade s 94-94B94–94B (Repealed)s 95Name of licensed premises s 96Temporary premises s 97Breath analysis equipment s 98Work carried out on licensed premises s 99Responsible sale, supply, service or promotion of liquor s 100Regulations may declare undesirable liquor products s 101Secretary may restrict or prohibit sale or supply of undesirable liquor products s 102Secretary may restrict or prohibit undesirable promotion of liquor s 102ASecretary may restrict or prohibit activities that encourage misuse or abuse of liquor s 103Closing of certain hotel and bottle shop areas s 104Person in bar area or certain other areas of hotel outside trading hours s 105Carrying liquor away from licensed premises outside trading hours s 106Delivery of liquor from unlicensed premises s 107Production of licence on licensed premises s 108Prohibition on providing money or extending credit for gambling s 108ARequirement to record credit transactions and extensions s 109Misrepresentation or misdescription of credit transactions s 110Falsely indicating that premises are licensed or that person is authorised to sell or supply liquor s 111Carrying liquor away from premises to which on-premises licence relates s 112Obtaining liquor by false representation s 113Carrying liquor for sale s 114Sale of liquor through internet or by other communication media s 114ADefinitions s 114BConditions of approval to conduct training courses s 114CProhibition on granting interim certificates to unqualified persons s 114DProhibition on providing training courses without approval s 114EDefinitions s 114FMeaning of “same day delivery”s 114GMeaning of “same day delivery provider”s 114HRestrictions on same day deliveries s 114HAAge to be verified when agreement made for same day delivery s 114IEvidence of identity and age required for same day deliveries s 114JLiquor not to be supplied to intoxicated person s 114KLiquor not to be supplied in alcohol-free zones, alcohol prohibited areas or restricted alcohol areas s 114LCut-off time for deliveries s 114MRecords to be kept about refusal to deliver liquor s 114NEmployees and agents not to be penalised for refusal to deliver in particular circumstances s 114OSelf-exclusion s 114PTraining of persons making same day deliveries s 114QSame day delivery providers liable for acts of employees and agents s 114RReview of regulation of liquor deliveries s 115Declaration of restricted alcohol area s 116Provisions relating to making of regulations declaring restricted alcohol areas s 116BInterpretation s 116CPrescribed precincts s 116D, 116E(Repealed)s 116FTemporary banning orders—licensed premises in prescribed precinct and adjacent precincts s 116GLong-term banning orders—high risk venues s 116HAdministrative review by Civil and Administrative Tribunal of long-term banning orders s 116IRegulatory controls for licensed premises in prescribed precincts s 117Offences relating to sale or supply of liquor to minors s 118Offences relating to consumption etc of liquor by minor s 119Licensee not to allow minors to sell or supply liquor on licensed premises s 120Responsible adult not to allow minor to consume liquor on licensed premises s 121Minors in hotels in company of responsible adult s 122Functions for minors in hotels and public entertainment venues s 122AMinors in small bars s 123Minor not to enter or remain in certain licensed premises s 124Licensee not to allow minors to enter or remain in certain licensed premises s 125Responsible adult not to leave minor unaccompanied on licensed premises s 126Minors must be refused entry to licensed premises s 127Notices to be displayed in relation to minors on licensed premises s 127AMinors at music festivals s 128Minor required to provide information s 129Minor must not use false evidence of age s 130Minors not to be detained s 130ADefinitions s 130BLicensed premises in passenger terminals s 130CDuty free and other take-away liquor sales s 130DContraventions—powers of Secretary s 130EPowers of Secretary—Aerotropolis s 130FLive music venues s 130GLive performance venues s 130HSpecial entertainment precinct venues s 130IIncentivised event venues s 130JDefinition s 130KLive music and performance venues s 130LSpecial entertainment precinct venues and incentivised event venues s 130MRecords must be kept about extended hours s 130NProvisions of division prevail s 130OListed live music and performance venues s 131Definitions s 132Eligible parties to local liquor accord s 133Establishing local liquor accord s 134Terms of local liquor accords s 135Registration and termination of local liquor accord s 136Requirement to contribute to costs of implementing local liquor accord s 136AGeneral provisions s 136BSecretary may approve liquor accords for designated precincts s 136CSecretary may approve liquor accords for community events s 136DContent of precinct and community event liquor accords s 136ERequirement to participate in precinct or community event liquor accord s 136FPrecinct liquor accord contributions and fund s 137Interpretation s 137ACodes of practice s 138Secretary may carry out inquiries and investigations in relation to complaints and proposed complaints s 139Grounds for making complaint s 140Procedure for taking disciplinary action s 141Disciplinary powers of Authority s 142Procedure for implementing disciplinary action s 143Requirement for legal member of Authority to be present s 144Administrative review by NCAT of decisions by Authority under this Part s 144APart 9 not affected s 144BDefinitions s 144CCommitting demerit offence s 144DDemerit points register s 144ESecretary to record demerit points incurred or imposed s 144FSecretary may publish details from demerit points register s 144GWhen demerit points come into force or expire s 144HDemerit points incurred for demerit offences—licensed premises other than club premises s 144IDemerit points incurred for demerit offences—club premises s 144JNotice of demerit points incurred s 144KDefinition s 144LAuthority may impose demerit points in relation to prescribed complaints s 144MNotice of proposed demerit points s 144NDecision about imposition of demerit points s 144OAuthority to give notice of decision s 144PRemedial action—accumulation of 2–3 demerit points s 144QRemedial action—accumulation of 4–5 demerit points s 144RRemedial action—accumulation of 6 or more demerit points s 144SDefinition s 144TRemedial action—accumulation of 2–3 demerit points s 144URemedial action—accumulation of 4–5 demerit points s 144VRemedial action—accumulation of 6 or more demerit points s 144WRemedial action—accumulation of 2–3 demerit points s 144XRemedial action—accumulation of 4–5 demerit points s 144YRemedial action—accumulation of 6 or more demerit points s 144ZNotice of proposed remedial action s 144ZARequirements for deciding to take remedial action s 144ZBProvisions relating to conditions imposed on licences under Subdivision 2 or 3 s 144ZCApplication by licensee or manager of licensed premises to remove a category 1 demerit point s 144ZDApplication to remove demerit points s 144ZEDeciding application to remove demerit points s 144ZFReinstatement of demerit points s 144ZGSubmissions not to be used for prosecuting offences s 144ZHAdministrative review by NCAT s 144ZIEffect of appeals against convictions for demerit offences s 144ZJSecretary may accept enforceable undertakings s 145Proceedings for offences s 146Time within which proceedings for offences may be commenced s 147(Repealed)s 148Additional penalties may be imposed by court s 149Licensees and managers liable for act of employees etc s 149AGeneral defence available to managers of club premises s 150Penalty notices s 151Forfeiture and seizure of liquor and other things s 152Evidentiary provisions s 153(Repealed)s 154Review of disqualification by Authority s 155(Repealed)s 156Report by Authority on liquor licensing matters s 157Delegations s 158Crown not liable for any compensation s 159Regulations s 160Savings and transitional provisions s 161Repeals s 162Review of Act s 163, 163A(Repealed)s 164Purpose s 165Definitions s 166Local councils may allow use of outdoor space for dining and performance s 167(Repealed)s 1Regulations s 2Definitions s 3General provisions s 4Existing hotelier’s licence s 5Existing nightclub licence s 6Existing off-licence (retail)s 7Existing restaurant licence s 8Other existing on-licences s 8ARestricted trading days—existing on-licences s 9Existing on-premises licence (function)s 10Existing caterer’s licence s 11Existing vigneron, wholesaler and brewer licences s 12Existing community liquor licence s 13Existing Governor’s licence s 14Existing special event licence s 15Existing Australian wine licence s 16Definition s 17Phasing-out of existing RTA proof of age cards s 18Manufacturing false proof of age cards s 19Giving or lending proof of age cards s 20Tampering with proof of age cards s 21Confiscation of existing RTA proof of age cards s 22Definitions s 23Abolition of Licensing Court and continuation of judicial office s 24Abolition of Liquor Administration Board s 25Pending applications and proceedings under former Act s 25AFurther transitional provisions relating to pending SIAs and other matters under former Act s 26General savings provision s 27Grant and cancellation of licences and approvals to manage licensed premises s 28Definition s 29Pending liquor-related applications s 30Crown not liable for any compensation s 31Disturbance complaints s 32Offences occurring before commencement of Part 9A s 33Conditions imposed by Authority to reduce trading hours s 34Operation of amendments to Part 9A s 35Definition s 36Application of temporary licence and development consent freeze provisions to extended Kings Cross precinct s 37Existing Kings Cross liquor accords s 38Crown not liable for any compensation s 39Conversion of existing general bar licences to small bar licences s 40Review of amendments relating to small bars s 41Review of amendments relating to Kings Cross precinct ID scanner system s 42Definition s 43Kings Cross precinct s 44Extended trading authorisations s 45Authorisation to sell liquor for consumption away from licensed premises s 46Crown not liable for any compensation s 47Review of amendments relating to “lock outs” and cessation of liquor sales at 3 am in Sydney CBD Entertainment precinct s 48Definition s 49Existing authorisations under section 24(3)s 50Existing approvals of courses of training or instruction s 51Existing local liquor accords s 52Existing incident registers s 53Additional sanctions for selling liquor to minors on licensed premises s 54Definition s 55Application of extended freeze period to Kings Cross precinct s 56Prescribed precincts s 573 strikes scheme under Part 9A s 58Definition s 59Duration of licences s 60Existing competency cards s 61Existing conditions of approval to conduct RSA training courses s 62Definitions s 63Existing suspensions or cancellations of licences continue s 64Existing disqualifications continue s 65Existing strikes revoked s 66Existing remedial action resulting from strikes continues s 67Trading hours for small bars s 68Extended trading authorisation for Sundays s 69Standard trading hours s 70Certain live entertainment conditions cease to have effect s 71Entertainment conditions not to be imposed s 72Powers of local councils to encourage use of outdoor space s 73Application of fee payable under section 25A to particular applications s 74Application of section 59A to particular applications to remove unrestricted club licences to other premises s 75Application of Part 12 s 76Definition s 77Listed live music and performance venues s 78Requirement for sealed containers s 79Variation or revocation of licence conditions s 80Licence conditions—applications by licensee s 81Relevant events s 82Renumbered and re-enacted provisions

Section Whole Act

Back44 / 388Forward

34

(Repealed)

Repealed

34 (Repealed)

This Act’s bill:Explanatory memorandum Second reading speech

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.

Previouss 33Producers—authorisation conferred by licence Nexts 35Producers—miscellaneous provisions